Big News! Presidential Order No. 103 of the People's Republic of China has been issued, strongly promoting the procurement of domestically produced instruments.
2021-12-29
On December 24, 2021, the President of the People's Republic of China issued “Presidential Order No. 103” pursuant to a decision made by the National People’s Congress and its Standing Committee:
On December 24, 2021, the 32nd Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China adopted an amendment to the “Law of the People's Republic of China on Progress in Science and Technology” (hereinafter referred to as the “Law on Progress in Science and Technology”).
Among them, Article 91 clearly states:
For technological innovation products and services offered by natural persons, legal entities, and non-legal organizations within the territory, if their functional and quality indicators meet the requirements of government procurement, government procurement shall make purchases. For products and services newly introduced to the market, government procurement shall take the lead in making such purchases and shall not impose restrictions on the basis of commercial performance.
For government procurement products that are still under research and development, implementation shall be carried out through an ordering approach. The procuring entity shall, as a priority, adopt a competitive process to select scientific and technological research and development institutions, universities, or enterprises to conduct the research and development. Once the product development has been successfully completed and passed the agreed-upon quality standards, the procurement shall proceed according to the agreed terms.
In addition, the “Law on Progress in Science and Technology” mentions scientific instruments in five other places:
01 Chapter Four · Article 41
The state encourages enterprises to strengthen original innovation, engage in technological cooperation and exchange, increase investment in research and development and technological innovation, independently identify research and development topics, and carry out technological innovation activities.
The state encourages enterprises to digest, absorb, and re-innovate imported technologies.
Research and development expenses incurred by enterprises in developing new technologies, new products, and new processes may be deducted before tax and subject to additional deductions in accordance with relevant national regulations. Moreover, scientific and technological research and development instruments and equipment used by enterprises may be depreciated at an accelerated rate.
02 Chapter 7 · Article 77
Major national strategic regions can leverage regional innovation platforms to establish mechanisms for sharing benefits, promote the free flow of factors such as talent, technology, and capital, foster open sharing of scientific instruments and equipment, scientific and technological infrastructure, scientific projects, and scientific and technological information resources, and enhance the efficiency of regional transformation of scientific and technological achievements.
03 Chapter Nine · Article 94
Based on the needs of advancing science and technology, the state, guided by the principles of overall planning, emphasizing resource sharing, optimizing allocation, comprehensive integration, government leadership, and multi-party collaboration, will coordinate the procurement of large-scale scientific instruments and equipment. Furthermore, it will carry out joint evaluations of large-scale scientific instruments and equipment primarily acquired with fiscal funds.
04 Chapter Ten · Article 102
The science and technology administrative department of the State Council shall, in collaboration with relevant departments of the State Council, establish information systems and resource databases for scientific and technological research facilities, scientific instruments and equipment, as well as for scientific and technological literature, scientific and technological data, scientific and technological natural resources, and science popularization resources. These systems and databases shall promptly disclose to the public the distribution and usage status of scientific and technological resources.
05 Chapter Eleven · Article 110
In violation of the provisions of this Law, if an entity uses fiscal funds and state-owned capital to acquire large-scale scientific instruments and equipment but fails to fulfill its obligation to share and make available such scientific and technological resources, the competent authorities shall order it to make corrections, issue a warning or publicly criticize it, and impose disciplinary sanctions on the directly responsible persons in charge and other persons directly liable in accordance with the law.
Source: Xinhua News Agency
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